Allstaff Air Conditioning (VIC) Pty Ltd

Case •

[2017] FWCA 6108

•

20 NOVEMBER 2017
[2017] FWCA 6108

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Allstaff Air Conditioning (VIC) Pty Ltd

(AG2017/5042)

Allstaff Airconditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry

Deputy President Gostencnik

MELBOURNE, 20 NOVEMBER 2017

Application for variation of the ALLSTAFF AIRCONDITIONING (Vic) PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

  1. An application has been made for approval of a variation to the ALL STAFF AIRCONDITIONING (Vic) PTY LTD and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2016 – 2019 (the Agreement). The application was made by Allstaff Airconditioning (VIC) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

  1. The application was not lodged within 14 days after the agreement was made.  Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 20 November 2017.

DEPUTY PRESIDENT

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